Will New York Cave-In And Create An Intervention Stand Your Ground Law?

There’s a Change.org petition. The title of the petition reads, “18-year old high school football player has been charged with murder defending his mom.” The petition asks that all charges against Luis Moux be dropped. I read the body of the petition three times and after a very long sigh, decided that I would share this.

Luis Moux

According to CBS News, and the New York Post, Stanley Washington, (43-years old) arrived at the apartment where Luis Moux and his 37-year old mom, Lorena Sesemer live. An altercation took place between them and Luis found Washington on top of his mom. Luis wrapped his arm around Washington’s neck to pull him off his mom. Washington fell unconscious and died.

Luis was charged with manslaughter. Some reports say that Luis bail was set at $50K. Others say that his bail was set at $25K cash. Either way, Luis has been released on bail.

According to police, the boyfriend, Stanley Washington had a long criminal history that ranges from assault to criminal possession of a weapon, to menacing, criminal trespass and possession and sale of marijuana. Police had been to Sesemer’s apartment several times in the past to sort out domestic disputes involving Washington.

The New York Post reports that Stanley’s brother stated that he had taken care of Luis since he was 2-years old and that his brother was not violent. Djuana Martinez, identified as Stanley Washington’s wife, said that Stanley “has a heart of gold.”

That is the story.

People, this is where the rubber meets the road. I am now coming back full-circle to where I was during the George Zimmerman case. Anyone who follows this blog should know that I stand for equality for all and that includes equal justice. You might also know that I am opposed to Stand Your Ground law. This particular case, for me, is not one of taking sides of who is right or wrong. Rather, this is a case of people being careful of the things they request or demand of government officials in petitions. This is why …

In many states that do not have Stand Your Ground, they do have justifiable homicide. I did a very short search for justifiable homicide in New York. It was and is not my intent to litigate this case. Rather, I am in-between deciding whether the petition is based on legal facts as opposed to emotions for an 18-year old saving his mom from domestic abuse.

What I found is that in New York when police do not charge for using deadly force in self-defense, is when the other party is armed and they find sufficient evidence that self-defense was necessary. (New York includes a requirement to attempt to retreat in some self-defense cases.)

According to a news source, the Change.org petition was posted by a woman out of Virginia. What the petition does is ask that all charges be dismissed against the 18-year old — without a trial. Such a demand means that the State of New York would need to initiate an intervention, stand your ground law. America does not need another state with stand your ground law. I am pretty sure that the woman who started the petition has good intentions. What she is asking however, might be hypocritical. Hypocritical? Why? This is why …

Compare; when George Zimmerman killed Trayvon Martin, he was not arrested. People were angry that Zimmerman had not been arrested. A petition was created demanding Zimmerman’s arrest. Florida’s Governor appointed Angela Corey as special prosecutor. An investigation was conducted. Zimmerman was then charged and arrested.

If Florida State’s Attorney Angela Corey, with Stand Your Ground being legislated law, was right to arrest and charge Zimmerman with 2nd degree murder and let a jury decide, then the District Attorney for the Bronx (which does not have Stand Your Ground law), is correct to arrest and charge Luis for manslaughter and let a jury decide if it was justifiable homicide.

I think Luis will be okay without a SYG law. He had no weapon and his intervention was conducted in a manner that is not ordinarily expected to be fatal. I’m pretty sure that cause of death will reveal contributing factors that could not have been anticipated. Thus, there cannot be a showing that Luis acted with intent to cause bodily harm. A necessary element for a conviction in N.Y.S.. Of course, I could be wrong, but I really don’t think so.

Lonnie,
I hope you are right. My concern is mainly if the person who started the petition actually realizes what she’s asking for? The undertones of this case, with Washington having an extensive arrest record and history of domestic violence, tends to lean people in the direction of saying he deserved to die. The request that all charges against Luis be dismissed before an indictment causes me to shudder. It brings back nightmares of the Zimmerman case. Both sides are seeking justice.

SYG will never happen in NYS because it would be just too dangerous. We must require the obligation to retreat, with 7 million people in NYC alone, social interactions are complicated beyond belief by the constant need to be proximal to each other, such as on subways for example. The opportunities for intentional “SYG” killing plans would be legion.

What I think has happened here is, since the family of the deceased came forward to counterclaim, the prosecutor had no choice but to put the matter up for judicial review. In this case, where there was nothing done, that could reasonably be expected to cause a death to occur, the prosecution would not have charged, if no one stood for the deceased.

It is, indeed, very telling that the call for SYG comes from someone outside of NYS. In NYC we spend the day encountering crowd after crowd. Subways, buses, elevators and sidewalks are crowded much of the day and are available to fuel any paranoid frenzy one wishes to imagine (See Bernard Goetz, Subway Gunman).

There was (I weakly remember) another case where a gunman came into a grocery store (Bodega in NY parlance) and shot and killed the owners wife and a worker, where the owner then drew and fired his own (but unlicensed) weapon, killing the assailant. That case was charged and a very big stink was raised, but the case was submitted to the court and the man was freed. I’m not sure what happened to the unlicensed gun charge. But I thought that anyone who had a premise where the public could enter at will and where a large amount of cash could be on hand, should have the right to have a weapon on the premises. A registered weapon to be sure, but a right to have it there, regardless of their permit eligibility.

Lonnie,
What you say is true.
Based on what I read, investigators made the arrest because they do not know if Luis pulled Washington off his mom but continued to choke him, or if the incident completely happened with Washington being on top of Luis mom. The mother also made a conflicting statement. She said she was unconsciousness but later said that she saw Luis standing over Washington.

My concern is if the woman who, apparently with good intentions, realizes what she is asking from the standpoint of New York’s law?

Mindyme,
Am I over-reacting? Seriously. I’m so concerned with people who have good intentions, but tend to impugn the integrity of other advocates and/or causes, especially when it involves the justice system. If their demands are not met, another can is opened to unfairly criticize the justice system. There are enough things to fairly criticize the justice system for without adding misunderstanding to the mix.